What does it mean to have a “conditional” Green Card?

It means that you will hold a green card for 2 years and then confirm with USCIS through yet another application that your investment created jobs. Otherwise, a conditional green card is just like a normal green card in that you can be employed in the U.S.

The EB-5 process first step is for the EB-5 investor to file the I-526 petition. The I-526 petition consists of the investors proof of lawful source of funds and the business plan and economic report showing how the EB-5 funds will be expended and lead to the required job creation. Once the I-526 petition is approved, the EB-5 investor can file an application for conditional permanent residency. Once issued, the conditional permanent residency is approved for two years. At the end of the two-year period, the EB-5 investor will have to file an I-829 petition to show USCIS that the required jobs have been created and the investment funds were sustained. Once the I-829 petition is approved, the EB-5 investor will be issued unconditional permanent residency.

First, you get a two-year green card. After two years you file another round of paperwork to make sure the project has invested your money and created the required ten jobs.

It means that you there are conditions that must be met before you can receive a 10-year green card, following the expiration of your two-year green card. The conditions, generally, are that you maintain your investment in the new commercial enterprise by not withdrawing the capital funds; that your investment remain at risk during your conditional period of residence (i.e. 2 years plus the amount of time that it takes for the conditions to be removed); and that the jobs were created as forecasted in the comprehensive business plan that was submitted with your petition.

It means that, first, they give you a two-year card and, in the 90 days before it expires, you have to file papers to show your money is still invested and that you have created the required number of jobs.

A conditional green card is another name for a temporary green card. Under both EB-5 and the family green card programs (specifically involving marriage between United States citizens/permanent residents and foreign nationals), green cards are granted for two years and the holders of those temporary green cards are required to fulfill certain conditions for each of their green cards before they are granted the permanent green cards that will last for 10 years. Under these two programs, these temporary green cards are labeled "conditional green cards." If all the conditions are met within the required two years, experience has shown that holders of conditional green cards can eventually become permanent green cards holders. Your petition for EB-5 will undergo the same process as all other petitioners.

Conditional green card status is temporary residence status over a 2-year period. As most of the EB-5 business has not yet created the requisite number of jobs at the time of the I-526 filing, the USCIS is giving a 2-year period in which to create and confirm that the requisite number of jobs are created before giving the permanent green card status.

A conditional green card is valid for 2 years. An EB-5 investor must remove conditions to obtain a permanent green card by filing an I-829 petition within 90 days of the expiration of the conditional green card. The I-829 petition must demonstrate the EB-5 investment has been sustained during the conditional period and at least 10 full-time jobs have been created.

A condition of the green card is that you receive your Lawful Permanent Residency on a 2-year conditional basis. The condition is that you promise within 18-24 months after receiving your conditional green card to file a Petition to Remove Conditions on Form I-829. This is necessitated by the fact that often when the EB-5 Investor Petition on Form I-526 filed, it is based upon what the petitioner intends to do before funds are actually transferred to the project and the jobs are created. By filing the Petition to Remove Conditions on Form I-829, the petitioner must show that the funds actually were transferred into the project and the jobs were created.

The word "conditional" in this context means that (if your I-526 and Visa Application are approved) you will be granted permanent resident status. However, the initial period will be for 2 years, at the end of which you must file a Petition to remove conditions (I-829). Your status will be extended while this second petition is being processed. If successful, you will then be granted unconditional permanent residence and your new permanent resident card will be valid for 10 years (this card is renewable). During the I-829 process, you will have to show (1) that your investment was sustained (2) that the project was developed in accordance with the original business plan and (3) that your investment created at least 10 new jobs.

A conditional green card is valid for two years. The "condition" is that the applicant must apply to remove the condition within the last three months of validity. Upon approval (removal of condition), the green card is "permanent," meaning the lawful permanent resident status continues as long as the applicant remains a permanent resident of the United States (and does not become inadmissible or removable). For EB-5 investors, the removal of conditions requires that the investment to be sustained throughout the conditional period and that the required number of full-time jobs were created/sustained.

For EB-5 Immigrant Investors, they initially receive a "conditional" permanent residence when the I-526 and Immigrant Visa or Adjustment of Status are approved. There is no difference, as far as rights/benefits are concerned, between conditional permanent resident and ones without conditions, with exception to having to file to remove the condition before the 2-year period ends. 90 days before the expiration of the 2-year conditional permanent residence status, you will need to remove the condition with evidence showing that 10 jobs were created with your investment in a functioning commercial enterprise.